[HISTORY: Adopted by the Township Committee (now Township Council)
of the Township of Logan 2-14-1962. Amendments noted where applicable.]
The following terms, whenever used or referred to in this chapter, shall
have the following respective meanings for the purposes of this chapter, unless
a different meaning clearly appears from the context:
Any building or structure or part thereof, whether used for human
habitation or occupancy or use or otherwise or intended to be so used, and
includes any outhouses and appurtenances belonging thereto or usually enjoyed
therewith.
The holder of the title in fee simple.
All individuals, associations and corporations who have interests
of record in a building and any who are in possession thereof.
Any housing authority or any officer who is in charge of any department
or branch of the government of the Township of Logan, County of Gloucester
and State of New Jersey, relating to health, fire, building regulations or
to other activities concerning buildings in the Township of Logan.
The officer who is authorized by this chapter to exercise the powers
prescribed for him.
Whenever it shall be found that there exists in the Township of Logan
buildings which are unfit for human habitation or occupancy or use due to
dilapidation, disrepair, structural defects, defects increasing the hazards
of fire, accidents or other calamities, lack of adequate ventilation, light
or sanitary facilities, or due to other conditions rendering such buildings
unsafe or unsanitary and dangerous or detrimental to the health or safety
or otherwise inimical to the welfare of the residents, the Public Officer,
hereinafter designated, shall, upon the filing of a petition by a public authority
or by at least five residents of the Township of Logan, charging that any
building is unfit for human habitation or occupancy or use, or if it shall
appear to the Public Officer or his own motion that any building is unfit
for human habitation or occupancy or use, make a preliminary investigation
or cause such preliminary investigation to be made concerning the basis of
such charges.
[Amended 12-7-1985 by Ord.
No. 8-1985]
If a preliminary investigation shall disclose to the said Public Officer
a basis for the charges filed, he shall issue and cause to be served upon
the owner of and parties in interest in such building a complaint stating
the charges in that respect. The said complaint shall also contain a notice
that a hearing will be held before him at a place therein fixed not less than
seven days nor more than 30 days after the serving of said complaint.
The said owner and parties in interest shall have the right to file
an answer to the complaint and to appear in person, by counsel or otherwise
and give testimony at the time and place fixed in the complaint.
The rules of evidence prevailing in courts of law or equity shall not
be controlling in such hearings.
When, after such notice and hearing, the Public Officer determines that
the building under consideration is unfit for human habitation or occupancy
or use, he shall state in writing his findings of fact in support of such
determination and shall issue and cause to be served upon the owner thereof
and the parties in interest an order as follows:
A.
Requiring the repair, alteration or improvement of the
said building to be made by the owner within a reasonable time, which time
shall be set forth in the order, or, at the option of the owner, to vacate
or have the said building vacated and closed within the time set forth in
the order; and
B.
If the building is in such a condition as to make it
dangerous to the health and safety of persons on or near the premises and
the owner fails to repair, alter or improve the said building within the time
specified in the order, then the owner shall be required to remove or demolish
the said building within a reasonable time as specified in the said order
of removal.
If the owner fails to comply with an order to repair, alter or improve,
or to demolish the building, as the case may be, then the Public Officer shall
cause such building to be repaired, altered or improved, or to be vacated
and closed. The Public Officer shall cause to be posted on the main entrance
of any building so closed a placard with the following words: "This building
is unfit for human habitation or occupancy or use; the use or occupation of
this building is prohibited and unlawful."
If the owner fails to comply with an order to remove or demolish the
building, the Public Officer may cause such building to be removed or demolished
or may contract for the removal or demolition thereof after advertisement
for and receipt of bids therefor.
The amount of the cost of the filing of legal papers, expert witnesses'
fees, search fees and advertising charges incurred in the course of any proceeding
taken under this chapter determined in favor of the Township of Logan, and
such cost of such repairs, alterations or improvements, or vacating and closing,
or removal or demolition, if any, or the amount of the balance thereof remaining
after deduction of the sum, if any, realized from the sale of materials derived
from such building or from any contract for removal or demolition thereof,
shall be a municipal lien against the real property upon which such cost was
incurred. All matters relating to the cost of repairs, alterations or improvements,
or vacating and closing, or removal or demolition, or excess credits, if any,
shall be controlled strictly by the provisions of Paragraphs 1 and 2 of Subsection
(f) of N.J.S.A. 40:48-2.5.
The Public Officer or officers charged with the enforcement of this
chapter may determine that a building is unfit for human habitation or occupancy
or use if he finds that conditions exist in such building which are dangerous
or injurious to the health or safety of the occupants of such building, the
occupants of neighboring buildings or other residents of such municipality.
Such conditions may include the following (without limiting the generality
of the foregoing): defects therein increasing the hazard of fire, accident
or other calamities; lack of adequate ventilation, light or sanitary facilities;
dilapidation, disrepair, structural defects and uncleanliness. Nothing in
this section shall be construed to place any limitations upon the Council
in establishing additional standards to guide the Public Officer in determining
the fitness of a building for human habitation or occupancy or use. Such additional
standards may be established whenever circumstances seem to require the same
by resolution of the Council duly adopted under the provisions of this chapter.
Nothing in this chapter shall be construed to abrogate or impair the
powers of the township to enforce any other existing ordinance or regulation
nor to prevent or to punish violations thereof; and the powers conferred by
this shall be in addition and supplemental to the powers conferred by any
other ordinance.
Complaints or orders issued by the Public Officer pursuant to this chapter
shall be served upon persons either personally or by registered mail, but
if the whereabouts of such person is unknown and the same cannot be ascertained
by the Public Officer in the exercise of reasonable diligence, and the Public
Officer shall make an affidavit to that effect, then the serving of such complaint
or order upon such persons may be made by publishing the same once each week
for two successive weeks in a newspaper, as provided by law. A copy of such
complaint or order shall be posted in a conspicuous place on the premises
affected by the complaint or order. A copy of such complaint or order shall
be duly recorded or lodged for record in the Gloucester County Clerk's office.
[Amended 12-7-1985 by Ord.
No. 8-1985]
Any person who shall violate this chapter or do any act or thing prohibited,
or refuse or fail to do any act or thing required to be done, or refuse or
fail to comply with any order issued hereunder, shall, upon conviction thereof
before any judicial officer authorized to hear and determine the matter, forfeit
and pay such fine not exceeding the sum of $1,000 as shall be imposed by such
judicial officer in his discretion, or, if the party so convicted shall be
a natural person, be imprisoned for such term not exceeding 90 days as such
judicial officer, in his discretion, shall determine; provided, however that
if the party so convicted shall be a natural person, such judicial officer
shall have the power, in his discretion, to impose sentence of both fine and
imprisonment not exceeding the maximum limits hereinbefore fixed. Whenever
such person shall have been officially notified by the Public Officer referred
to herein, or by service of a summons in a prosecution, or in any other official
manner, that he is committing a violation, each day's continuance of such
violation after such notification shall constitute a separate offense, punishable
by a like fine or penalty.
[Amended 12-7-1985 by Ord.
No. 8-1985]
Any person affected by an order issued by the Public Officer may petition
the court for relief in accordance with N.J.S.A. 40:48-2.8.
The remedies herein provided shall be exclusive remedies, and no person
affected by an order of the Public Officer shall be entitled to recover any
damages for action taken pursuant to any order of the Public Officer or because
of noncompliance by such person with any order of the Public Officer.
In addition to the powers herein granted to the Public Officer, he shall
also have the following powers:
A.
To investigate the building conditions in the Township
of Logan in order to determine which buildings therein are unfit for human
habitation or occupancy or use.
B.
To administer oaths, affirmations, examine witnesses
and receive evidence.
C.
To enter upon premises for the purpose of making examinations,
provided that such entries shall be made in such manner as to cause the least
possible inconvenience to the persons in possession.
D.
To exercise such other and additional powers as are reasonably
necessary and convenient to carry out and effectuate the purposes and provisions
of this chapter.
Nothing in this chapter shall be construed to abrogate or impair the
powers of the courts or of any township department to enforce any of its ordinances
or regulations nor to prevent or punish violations thereof; and the powers
conferred by this chapter shall be in addition and supplemental to the powers
conferred by any other law or ordinance.
[Amended 12-7-1985 by Ord.
No. 8-1985]
For the administration and enforcement of this chapter, the Construction
Official of the Township of Logan is hereby designated as the "Public Officer,"
and he shall serve in such capacity without any additional salary or fees.
